TAX

File your pending income tax returns this December 2022

Why you should file your pending income tax returns this month itself i.e. December 2022?

First, let us have a look at due dates for income tax returns. Section 139 of the Income Tax Act governs the same.

The most relevant ones are as follows:

No. Type of assessee Due date (after the end of financial year)
1 Non- Audit cases 31-July
2 Where Audit is required under the Income tax or any other Law 31-Oct
3 Where Audit is to be done under Section 92E 30-Nov

The above dates as per Section 139(1).

You can still file belated returns under Section 139 (4). Belated returns are income tax returns filed after the prescribed due dates.

Earlier one could file belated returns by March but this year one can file only upto December.  This year, the present month i.e. December 2022 is actually the last month to file belated income tax returns for Financial Year 2021-22. (unless the Government declares an extension).

This is because of a change in Section 139 (4) –

Earlier the section read:

“Any person who has not furnished a return within the time allowed to him under sub-section (1), may furnish the return for any previous year at any time before the end of the relevant assessment year or before the completion of the assessment, whichever is earlier.

The amended section reads as follows:

“Any person who has not furnished a return within the time allowed to him under sub-section (1), may furnish the [return for any previous year at any time before three months prior to] the end of the relevant assessment year or before the completion of the assessment, whichever is earlier.”

 

Conclusion: Hence for financial year 2021-22 i.e for the relevant assessment year 2022-23, the last month of filing income tax returns is December 2022.

Yes, the same is the case with the revised returns.

Tax payer may revise their returns if they discover any omission or wrong statement(s) therein. Section 139 (5) governs this process to file belated returns.

Earlier the section read:

If any person, having furnished a return under sub-section (1) or sub-section (4), discovers any omission or any wrong statement therein, he may furnish a revised return at any time prior to the end of the relevant assessment year or before the completion of the assessment, whichever is earlier.

 

The amended section reads as follows:

If any person, having furnished a return under sub-section (1) or sub-section (4), discovers any omission or any wrong statement therein, he may furnish a revised return at any time before three months prior to the end of the relevant assessment year or before the completion of the assessment, whichever is earlier.

Conclusion: Thus tax payers can revise their income tax returns only upt December 31, 2022 for the Financial Year 21-22 (relevant to Assessment year 22-23)

Conclusion: Hence file all your pending income tax returns by 31 December itself. Also revise all returns with errors by 31 December.

To file your pending income tax returns this December or in case of any queries, email to info@entrecap.in. Read more about income tax returns here.

Latest assignments

Changing Objects of a One Person Company

  1. The assignment was to alter and add certain business objects of a One Person Company in midst of Covid pandemic because of sudden business opportunities.
  2. Challenge was to have it done in record time because of available opportunity.
  3. Further challenge was to ensure its completion during pandemic because of limited availability of government officers to approve the forms.
  4. Entrecap Business Services took on the assignment and ensured its completion within the time limits laid down by the client.
  5. Assignment included Board resolutions, drafting of altered Memorandum of Association, resolutions to be passed in General Meeting including explanatory statement, filing Form MGT -14 with required attachments and ensuring its passage by Registrar of Companies.
Latest assignments

Urgent Admission cum retirement of Partner in LLP

Team Entrecap undertook an assignment for sudden admission cum retirement of partners in a LLP. The challenge was that the deed had to be executed before March 31, 2021 so as to reflect the names of new partners in balance sheet ending March 31, 2021.

Team Entrecap undertook the following:

  1. Acquiring digital signature of the incoming partner in few hours
  2.  Acquiring Director Identification Number (DIN) of the incoming partner a mere day prior to 31 March by arranging the documents
  3.   Arranging for stamp papers prior to 31 March in the name of the partners.
  4. Filing the forms with the Registrar of Company even though there was lockdown in April, May and June 2021.
  5. Completing the process by follow up in time to complete the bank procedures for change in partners.

 

Challenge was complicated by urgency of the process and covid lockdown during second wave. However Corporate Compliance Team of Entrecap Business Services successfully completed the same.